Contra Costa County Municipal Code Ch. 720-4 Regulation of Vacant Structures

This chapter is known as the Vacant Structures Ordinance of Contra Costa County.

(Ord. 2002-46 § 3).

The board of supervisors finds and declares that vacant structures attract vagrants, gang members and criminals as prime locations to conduct illegal activities; that vacant and improperly secured structures are vulnerable to being set on fire by unauthorized persons; that vacant structures are a blight and cause deterioration and instability in neighborhoods; that vacant structures invite the dumping of garbage and trash; and that vacant structures pose serious threats to the public's health and safety and therefore constitute public nuisances.

(Ord. 2002-46 § 3).

The purpose of this ordinance is to require that vacant dwellings and buildings in the unincorporated areas of the county are properly secured and boarded during temporary periods of vacancy pursuant to a permit, and that dwellings and buildings do not remain vacant and unoccupied for appreciable periods of time.

(Ord. 2002-46 § 3).

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "Owner" means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property.

(b) "Property" includes tracts, lots, easements, or parcels of land and any and all improvements thereon.

(c) "Unsecured" means a structure where one or more doors, windows, or other openings are broken or missing.

(d) "Vacant Structure" means any building, dwelling, or other structure:

(1) that lacks the habitual presence of persons who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased; and

(2) where either of the following conditions exist:

(A) the structure is unsecured; or

(B) the structure's exterior or premises contain any waste, rubbish, debris, excessive vegetation, or graffiti.

(Ords. 2008-30 § II, 2002-46 § 3)

This chapter applies to all property in the unincorporated areas of the county where any of the conditions specified in this chapter exist.

(Ord. 2002-46 § 3)

Article 720-4.4. Standards

Every owner shall maintain property in accordance with the provisions of this chapter and correct all violations of this chapter, and is liable for violations of this chapter regardless of any contract or agreement with any third party concerning the property. If more than one person or entity holds any portion of the fee interest in the property, the owners' obligations under this chapter are joint and several as to each owner.

(Ords. 2008-30 § III, 2002-46 § 3)

It is unlawful for property to be maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist:

(a) Any vacant structure whose interior, exterior, or premises contain any waste, rubbish, debris, excessive vegetation, or graffiti.

(b) Any unsecured vacant structure that is not secured by boarding in compliance with Section 720-4.406.

(c) Any vacant structure secured by boarding or any other method permitted by Section 720-4.406, at any time at which there is no current and valid boarding permit as required by Section 720-4.412.

(Ords. 2008-30 § II, 2002-46 § 3)

The owner shall secure and maintain a vacant structure according to the following specifications and requirements:

(a) All waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises.

(b) If a vacant structure is unsecured, the vacant structure shall be secured as follows:

(1) Barricade all unsecured doorways, windows, or exterior openings with minimum one-half inch thickness exterior grade plywood which shall extend to the molding stops or studs.

(2) Mount at least two wood stocks of minimum two by four inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and two flat washers.

(3) Extend the stock a minimum of eight inches on each side of the interior wall.

(4) Cause all hardware to be galvanized or cadmium plated.

(5) Paint all exterior barricade material the predominant color of the structure.

(6) In lieu of requiring the owner to board a vacant structure using the materials and methods of construction specified in this subsection, the county building official may authorize the owner to board the vacant structure using one or more alternative materials or methods of construction, provided the county building official determines the proposed alternative adequately prevents unauthorized entry or vandalism to the vacant structure.

(c) All utility service to the dwelling or building must be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the county building official as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit.

(d) If applicable, the sewer must be capped in a manner approved by the county building official to prevent the accumulation of methane gas in the dwelling or building.

(e) Post the premises. One or more metal signs must be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs must remain posted until the structure is either lawfully occupied or demolished. Signs must contain the following information:

DO NOT ENTER. It is illegal to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (Contra Costa County Ordinance Code, California Penal Code.)

(f) The county building official may require the owner to erect a fence that meets the specifications of the building inspection division on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances.

(Ords. 2008-30 § V, 2002-46 § 3).

(a) Entry Prohibited. It is unlawful for any person to enter or occupy any structure or premises that has been posted pursuant to Section 720-4.406, except to repair or demolish the structure under proper permit or for a purpose authorized by the owner.

(b) Interference with Notice Prohibited. It is unlawful for any person to remove or deface any notice posted pursuant to Section 720-4.406 until the required repairs or demolition have been completed or a certificate of occupancy has been issued.

(Ord. 2002-46 § 3)

(a) No unsecured vacant structure shall be secured by boarding or any means other than the conventional method used in the original construction and design of the structure unless a boarding permit has been first issued by the county building official.

(b) An owner of an unsecured vacant structure must apply to the county building official for a boarding permit within ten days after the vacant structure becomes unsecured.

(c) The application for a boarding permit shall include all of the following information:

(1) The expected period of vacancy.

(2) A plan for regular maintenance during the period of vacancy.

(3) A plan and timeline for the lawful occupancy, rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure.

(d) The county building official will issue a boarding permit required by subsection (a) upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fee.

(e) The owner of an unsecured vacant structure must board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than ten days after a boarding permit is issued. The county building official will confirm through inspection that the boarding or other method of securing the structure has been completed in compliance with Section 720-4.406.

(f) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a structure for a period of no greater than six months from the date of issuance.

(g) The boarding permit may be renewed after the initial period for up to an additional six months, upon the submission of a written application by the owner. The submission of the application must occur no later than ten days before the original permit expires, upon the payment of the required fee and upon the confirmation through inspection by the county building official that the boarding or other method of securing the structure has been completed in accordance with Section 720-4.406. The application shall include the information required by subsection (c).

(h) A boarding permit may not be extended beyond the renewal period nor may a new application for the same structure be accepted by the county building official within one year of the expiration date of the prior permit, unless all of the following occur:

(1) The owner of the structure submits a written application for extension that includes the information required by subsection (c).

(2) The owner of the structure pays the required fee.

(3) The county building official confirms through inspection that the boarding or other method of securing the structure has been done in compliance with Section 720-4.406.

(4) Good cause for the renewal exists. "Good cause" requires a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation or locate a suitable buyer despite diligent efforts to do so, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. If the county building official determines that good cause exists to renew the permit and that all other conditions are met, the permit may be renewed by the county building official for one or more six-month terms, subject to the conditions imposed on the original renewal permit.

(Ord. 2002-46 § 3).

(Ord. No. 2008-30, § VI, 11-18-08)

Article 720-4.6. Enforcement

The county building official is authorized to administer and enforce this chapter. The county building official may promulgate rules and procedures implementing this chapter.

(Ord. 2002-46 § 3).

To the extent allowed by law, whenever necessary to enforce any provision of this chapter or, whenever the county building official has reasonable cause to believe that a violation of this chapter exists, the county building official, or his or her designated representative, may inspect any vacant structure and its associated premises to determine whether the structure or its premises complies with applicable provisions and requirements of this code or of statutes or regulations enforced by the county building official or to enter for the purpose of abatement as provided in Chapter 14-6 of this code.

(Ord. 2002-46 § 3).

(a) If the county building official determines that a violation of this chapter exists, the county building official may transmit a notice to secure and maintain a vacant structure to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412.

(b) The notice to secure and maintain a vacant structure will contain the following information:

(1) The street address or other legal description of the property.

(2) A statement of the conditions constituting the violation and a description of how the violation must be abated.

(3) An order that all waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises.

(4) If a vacant structure is unsecured, an order that the owner do both of the following:

(A) Apply for a boarding permit no later than ten days after the transmittal date specified on the notice to secure and maintain a vacant structure.

(B) Board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than ten days after the boarding permit is issued.

(5) A statement that if the violation is not abated within the time specified, the county may abate the violation in accordance with Section 720-4.610.

(6) The order may require the owner to erect a fence in accordance with Section 720-4.406.

(7) A statement that the owner has the right to submit in writing any information relating to a determination of the existence of a violation. If the county building official determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation.

(c) Within ten days after the date a notice to secure and maintain a vacant structure is transmitted to the owner, the owner may appeal the notice to the board of supervisors in accordance with Section 14-6.416.

(Ord. 2002-46 § 3).

(Ord. No. 2008-30, § VII, 11-18-08)

(a) If a property owner fails to comply with the notice to secure and maintain a vacant structure within the time specified in the notice or does not timely appeal, the county may abate the violation pursuant to Section 720-4.610.

(b) Nothing in this chapter shall be construed as requiring the securing of a substandard vacant structure prior to an abatement of the substandard building under Chapter 14-6, Division 712, or the State Housing Law (Health and Safety Code § 17910 et seq.). If a substandard building becomes a vacant structure before or during abatement under Chapter 14-6, Division 712, or the State Housing Law, the notice and order to abate may require the securing of the building in accordance with the standards set forth in Section 720-4.406.

(c) Nothing in this chapter shall be construed to limit the county from pursuing any other remedies allowed by this code or otherwise allowed by law to enforce violations of this chapter.

(Ord. 2002-46 § 3).

(Ord. No. 2008-30, § VIII, 11-18-08)

(a) If a property owner fails to comply with the notice to secure and maintain a vacant structure within the time specified in the notice or does not timely appeal, the county building official may abate the violation and recover costs as provided for in this chapter. Abatement may include issuing a boarding permit in the name of the owner and erecting a fence.

(b) After abating the violation, the county building official will transmit a notice to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412. The notice will inform the owner of all of the following:

(1) The owner must maintain the property in a condition that complies with this chapter.

(2) If a boarding permit was issued in the name of the owner, the notice will inform the owner that the boarding permit is effective for six months; and that before the permit expires, the owner must establish a plan and timeline for the lawful occupancy, rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure.

(3) If the county building official erects a fence, the notice will inform the owner that the owner must maintain the fence in a condition that complies with this chapter.

(4) A description of the actual work of abatement performed.

(5) A statement that the owner is responsible for permit fees and the costs of abatement, including the cost to perform the actual work, the cost of materials, administrative costs, and inspection and reinspection costs.

(c) If a boarding permit is issued pursuant to subsection (a) of this section, the permit may be renewed by the county building official or by the owner in accordance with Section 720-4.412.

(d) If the county building official abates a violation under this section and the owner fails to maintain the property in a condition that complies with this chapter, the county building official may maintain the property and recover costs as provided for in this chapter.

(Ord. 2002-46 § 3).

(Ord. No. 2008-30, § IX, 11-18-08)

The failure of a person to receive a properly addressed notice shall not affect the validity of the proceedings.

(Ord. 2002-46 § 3).

The county building official may periodically reinspect vacant structures to ensure compliance with this chapter and all applicable court and administrative orders.

(Ord. 2002-46 § 3).

Nothing in this chapter prohibits the summary abatement of a nuisance pursuant to the procedures set forth in Section 14-6.406 of this code.

(Ord. 2002-46 § 3).

Editor's note— Ord. No. 2008-30, § X, adopted Nov. 18, 2008, repealed § 720-4.618 which pertained to appeals and derived from Ord. 2002-46, § 3.

Article 720-4.8. Costs and Fees

(a) Abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien in accordance with Chapter 14-6 of this code. Abatement costs include the cost to perform the actual work, the cost of materials, and all administrative costs.

(b) Summary abatement costs may be recovered by way of civil action against the owner or may be assessed against the subject property as a lien in accordance with Chapter 14-6 of this code. Summary abatement costs include the cost to perform the actual work, the cost of materials, and all administrative costs.

(Ord. 2002-46 § 3).

The fee for an initial boarding permit and any renewal boarding permit shall be an amount established by the board of supervisors in the building inspection department's fee schedule adopted pursuant to Section 74-3.107 of this code.

(Ord. 2002-46 § 3).

The fee for any reinspection shall be an amount established by the board of supervisors in the building inspection department's fee schedule adopted pursuant to Section 74-3.107 of this code.

(Ord. 2002-46 § 3).